Many students in Canada rely on summer jobs to generate income between semesters of high school or post-secondary education. However, students completing their studies this academic year may find it challenging to secure steady employment during the summer months.

Canada Summer Jobs Program

The Canada Summer Jobs Program (CSJ) program provides subsidies to employers with less than 50 employees in order to create quality summer work experiences for youth aged 15 to 30 years, and who are legally entitled to work in Canada. The COVID-19 pandemic has had an impact on both CSJ job-seekers and the employers that typically hire … Continue Reading

During this pandemic, certain employers will consider adopting a policy on using personal protective equipment, such as gowns, gloves, masks or even facial protection. For certain people, adopting such a policy may have the effect of encroaching on their religious rights and protecting their own health and safety or that of other workers. In such a situation, can a worker be exempted from a policy requiring that this type of gear be worn?

Singh c Montréal Gateway Terminals Partnership

The Quebec Court of Appeal rendered its ruling on this matter last fall in Singh c. Montréal Gateway Terminals Partnership[1]… Continue Reading

Monday May 18, is Victoria Day (Journée nationale des patriotes, or National Patriot’s Day, in Quebec); a holiday which most employees are entitled to take off and receive public holiday pay. The COVID-19 pandemic has resulted in emergency leaves, temporary layoffs and reduced schedules. As a result, some may have lost track of upcoming long weekends and public holiday pay requirements. Below is a refresher on employee entitlement to public holiday pay in Ontario and how to calculate pay for employees who’s employment has been affected by COVID-19.

Due to COVID-19, many employers have been thrown head-first into working-from-home (WFM) arrangements for some, if not all, of their workforce. It is important that employers ensure they are meeting their obligations in these circumstances, including occupational health & safety (OHS) responsibilities and business cost reimbursement, in order to avoid liability.

Health & Safety

In WFH arrangements, the employee’s home workspace becomes an extension of the workplace and is subject to OHS legislation. An employer cannot delegate its obligation to provide a safe working environment to its employees. If an employee is injured while working at home, then the employer … Continue Reading

Good Friday marks the start of the Easter long weekend in Canada. Undoubtedly, this year, festivities will be observed differently. Due to COVID-19, large gatherings are currently prohibited and most private and public places of recreation are closed, including places of worship. Employers must continue to navigate these trying times, holiday or not. Below, we have outlined a few key reminders for employers and as the long weekend approaches.

Non-essential services closed

Jurisdictions across Canada have ordered the closure of all non-essential businesses, some until at least May, pursuant to powers under applicable emergency legislation. This weekend will be no … Continue Reading

Like many, federal institutions are facing the capital challenge of managing COVID-19 and ensuring compliance with a number of legal requirements, including those under the Official Languages Act (the “OLA”). The COVID-19 pandemic is causing stress on both financial and human resources of federal institutions. In such circumstances, federal Institutions are making difficult choices on where to allocate their resources, especially during emergency situations where the health, safety or security of their employees or of the public are at stake. Recently, the Commissioner of Official Languages (the “Commissioner”) published a statement on how COVID-19 is impacting federal institutions, namely as … Continue Reading

Toronto Raptors head coach recently made headlines for unfiltered comments about his team members. This season, he has publicly called out a number of them for their poor performances. Some have commended him for giving team members the motivation they needed to perform better – by providing them with “tough love” instead of sugar-coating the truth about their lacklustre performance. However, the reality is very different when it comes to managing employees in the workplace. Indeed, publicly criticizing your employees may form grounds for a harassment complaint.

In Ontario, the Occupational Health and Safety Act outlines an employer’s responsibilities in … Continue Reading

In a recent decision[1], the Court of Québec (Criminal and Penal Division) handed down a sentence against C.F.G. Construction Inc. The business was found guilty [2] of criminal negligence causing the death of one of its workers pursuant to the provisions of the Criminal Code[3] governing criminal responsibility, a statute better known as “Act C-21” (or “Bill C-45”).

FACTS

In September 2012, one of C.F.G. Construction Inc.’s workers died in an accident involving a heavy-duty truck that belonged to the business.

On that day, the worker was instructed to pick up steel scraps and load the cargo … Continue Reading

On January 1st, 2020, a number of important changes to Ontario’s civil courts system came into place. Chief among these changes are increases to the claim limits for Small Claims Court and the Simplified Procedure process under the Rules of Civil Procedure.

Changes to Small Claims Court Limits

As of January 1st, 2020, individuals can bring claims of up to $35,000 in Small Claims Court, which is a substantial increase over the previous limit of $25,000.

While it is still too early to tell how this increase in claim limit will impact civil litigation in Ontario, … Continue Reading

The Divisional Court recently released a decision that helps to clarify the law on mitigation of damages in wrongful dismissal cases.

The Court held that if a dismissed employee gets a new job during his or her notice period that pays more than the employee’s previous job, the employee’s surplus earnings can’t serve to reduce damages owed to the employee for the period he or she was unemployed.

The Court held that, in other words, a dismissed employee’s notice damages can’t be “back-filled” by higher earnings earned later.

About

Welcome to the Global Workplace Insider, a cutting-edge blog led by the global employment and labor team of Norton Rose Fulbright, designed to deliver diverse insight on legal and business developments and trends impacting employment and labor matters in various regions across the globe. We cover the full spectrum of employment and labor areas.